Court of Appeal for Ontario

Date: 20210428 Docket: C67308

Before: Huscroft, Nordheimer and Harvison Young JJ.A.

Between:

Gladys M. Segura Mosquera Appellant

and

Ottawa Public Library Respondent

Counsel: Gladys M. Segura Mosquera, in person Stuart J. Huxley, for the respondent

Heard: April 26, 2021 by video conference

Reasons for Decision

[1] Ms. Segura Mosquera appeals from the order of Parfett J. of the Superior Court of Justice dated July 2, 2019 that dismissed her application for directions along with other interlocutory and injunctive relief. The appellant had brought a Notice of Application seeking directions and relief respecting a proposed class action that had yet to be commenced.

[2] A preliminary jurisdiction issue arose. After hearing submissions from the parties, we quashed the appeal for lack of jurisdiction, with reasons to follow. We now provide our reasons.

[3] This court has jurisdiction to hear appeals from final orders of the Superior Court of Justice, with certain exceptions, pursuant to s. 6(1)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43.

[4] The order in issue here is not a final order. It did not dispose of a proceeding nor did it finally determine an issue in a proceeding: Ball v. Donais (1993), 13 O.R. (3d) 322 (C.A.). The order simply dismissed the appellant’s request for directions and other relief under r. 37.17 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 in advance of commencing a proceeding. The appellant submits that this is a mere technicality, but it is not. It goes to the central issue whether this court has jurisdiction to hear the matter. We do not.

[5] Consequently, the appeal is quashed. The respondent did not seek costs and no costs are ordered.

“Grant Huscroft J.A.”

“I.V.B. Nordheimer J.A.”

“A. Harvison Young J.A.”